Whether you live on the west coast or not, you can't have missed the whole Cascadia Cup trademark battle between Major League Soccer and the supporters in Vancouver, Seattle and Portland.
If we had sporting papers here, it would have been front page news. As it was, there has been a lot of column inches and airwaves time devoted to covering the debacle, the vast majority of which was a PR disaster for MLS.
With preseason now over and First Kick less than a week away, everyone's attention is starting to focus on the season ahead and the whole trademark issue is quickly falling to the back burner.
I’m sure that's what MLS officials were hoping for and that the interest and negative publicity would die away soon enough.
This cannot be allowed to happen and the issue needs to remain at the forefront of all of our minds, no matter what is happening on the pitch.
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It has gone quiet over there, if we want to use some terracing vernacular. Although that's not through lack of interest or anger in the issue, but more due to there being no further developments to report, as both sides have drawn their battle lines in the sand and neither side is giving ground.
There probably isn’t too much that can be written about the whole Cascadia Cup trademark battle that hasn’t already been written, but this doesn’t mean that there shouldn’t be a lot more, for the simple reason that the issue needs to be kept in the public consciousness.
The odd article every few days and weeks will keep that awareness in the public gaze, and this is my attempt to get you thinking about it again now that the regular season is about to get into full swing.
It may long. It may ramble on and be a bit self indulgent at times. But this is written from the heart, so I make no apologies for it.
I was wanting to write about the sorry saga when the news first broke weeks ago. That wouldn’t have been wise. As anger flowed through my veins, every sentence would have ended with calling Don Garber a cunt. Instead, as time has passed, I think I can write this with only every second or third sentence calling him one instead.
I also hoped, but not expected, that despite the underhand way that Major League Soccer had gone about the trademarking issue, once they had been found out and the uproar amongst supporters was clear, then commonsense would prevail and everything would be dropped.
Why I even thought this for a split second I don’t know, because it is seldom that commonsense and footballing governing bodies make happy bedfellows. And so it has proved once again.
So in case you have been living under a rock for the past few weeks, or just need some reminding if you're outwith Cascadia, let’s just bring everybody up to speed.
MLS has made an attempt to register the trademark for the "Cascadia Cup" and assume control of how it is used, marketed, and undoubtedly sponsored, in years to come. The trademark attempt was made in Canada initially. It would be easier for them after all to go through the more complicated US process if they already held the trademark in another country.
You know, the Cup that was created by the then three main supporters’ groups in the Pacific Northwest in 2004 - five years before any of the three competing teams were anywhere near competing in Major League $occer. The one that was <a href="http://davfal.powweb.com/CascadiaCup/supporters.htm" target="_blank"><u>bought and paid for by the fans</u></a>, presented each year to the fans and kept in the custody of the fans.
Prefacing this with the fact that I’m not a lawyer blah blah blah, to me, the issue seems very simple.
A company is trying to register a trademark over an entity which they didn’t create, have not contributed one penny towards, and have never had possession of.
That’s pretty black and white to me. Certainly morally, and hopefully legally. Of course, once lawyers get involved, morals usually go flying out the window.
And the lawyers are involved now sadly. The supporters have been left with no option but to take legal counsel.
MLS didn’t help fan ire when they put out an article, buried on the day of the MLS SuperDraft, that read:
<i>"We have not done a good enough job communicating with the fans in the Pacific Northwest. The goal is to have a trademark that’s managed, so that we – the league that has its teams playing in the Cascadia Cup – can ensure that that trademark is managed properly. That it’s not exploited by people that shouldn’t be exploiting it. That it’s not offered to those that might not have the right to be associated with Major League Soccer."</i>
MLS showed that they had no plans whatsoever to scrap their plans and the fans fire was stoked further.
They seem to have missed the point. Yes, three of their teams currently play for the trophy, but it was competed for by these same three teams long before they were in MLS and if the League ever went tits up, they’ll be competing for it in some form after too.
At the moment we have Cascadia derbies between the Caps, Sounds and Timbers at every level from U16 up. What’s to say at some point in the future that not just first team games will count towards who wins the Cascadia Cup?
And if MLS were to win any battle to the name, then moving the Cascadia Cup down to the teams at U23 PDL level would be an ironically fitting move.
The Southsiders, ECS and Timbers Army have now formed the Cascadia Cup Council (CCC), who have filed trademark claims of their own. They may have had some criticism aimed at them for not taking such a step earlier, but seriously, whoever thought this would ever have been needed? Ah, the joys of modern football.
A Conference Call was held on January 22nd between MLS and the three supporters’ groups to try and find common ground and work on a resolution.
There can only be one. There should only be one. Sadly it will never be anywhere near that simple.
MLS will not want to be seen to lose face and having bowed down to supporters. They have always struck me as terrified of the fans having a say in the running of the game over here. They’ll have seen the power fans can wield in Europe and no matter how much they can talk about the fans being an important part of the game in North America, they do not back it up with actions.
The culture is very different here of course, with many that attend MLS games not having anywhere near the emotional buy in that you get elsewhere.
What I feel is important for the Southsiders, ECS and TA to get across is the fact that the Cascadia Cup is not just about them. It's not about the supporters' groups. It is a Cup for ALL supporters of ALL three teams. That’s a message that needs to go out there regularly and in a major way.
Reaction from fans outwith of the Pacific Northwest has been mixed. Many are standing shoulder to shoulder with us, some don’t see what the fuss is about, others don’t give a toss and feel that fans in Cascadia already give off an air of smug superiority and deserve to be taken down a peg or two.
Some other supporters are asking why we’re making it just about the three of us and not their local rivalries and associated cups. Well this issue isn’t about them. That’s their fight. Resources are stretched as it is, but they will always have the support of all involved to take on the fight themselves.
And it isn’t just about the fans. The majority of the players at all three clubs want to win the trophy, part of which is because they know how much it does mean to the fans. Players that come to the clubs already know of the Cup and the rivalry.
The CCC issued a statement after the conference call stating:
<i>"The Cascadia Cup Council continues to believe that it is well positioned to represent the interests of the Cascadia Cup trademark and the supporters who created it."</i>
There has since been a second conference call which although respectful, produced no advancement on the issue whatsoever.
So how will this play out?
There is just no way of knowing how the legal process will go. All we know is that it will be costly and take a while. You just have to hope that it doesn't get down to which party has the deeper pockets, as there can only be one winner there.
MLS will want to avoid a PR disaster. Win or lose, they already have one.
I would like to see the supporters' groups trying to get official statements from each of the clubs on the issue. They may say nothing, but it's asking the question. Put the pressure on MLS and play a bit of hardball. I'd also love to see media across North America regularly asking Don Garber about the situation. Don't let him off the hook at any point.
If they were to lose my gut feeling is that they will come out with a corporate sponsored trophy of their own anyway and try and get rid of any mention of the Cascadia Cup, possibly even thwarting presentation in the stadium.
Microsoft Pacific Northwest Cup anybody?
It's a mess, but it's something we all need to keep fighting for and keep up the vigorous social media and press campaign.
I’ll leave you with this story.
One of my best ever footballing memories involved the Cascadia Cup and a trip to Portland in 2009. It was a Thursday night and the Caps were heading down to play the Timbers in USL action.
Vancouver may have been the reigning USL Champions, but sadly, Portland were about to lift the Cascadia Cup for the first time with victory in this game on August 6th. Travelling Caps fans were obviously few and far between for such a midweek encounter back in the day, but three hardy souls, Zach Meisenheimer, Ricky Pak and myself, were making the trip down.
Not only that, but we were entrusted with transporting the Cascadia Cup to the game in my car.
The journey down was horrendous. The line up at the border was long and once we got through it we were kept at customs for over a hour. They searched my car twice, asked us numerous questions and seemed truly puzzled as to why three dodgy looking guys were transporting a big piece of silverware to be played for by two professional sports teams.
What was this trophy? How much did it cost? Why did we have it? And would it be staying in the US? My answer to the last question of <i>"it better not be"</i>, probably didn’t help proceedings move along all that quickly. I’d like to see Don Garber answer those questions today.
Eventually we were sent on our way. The border guards still seemed genuinely puzzled by the whole thing and it was playing out like some sort of "A Canadian, an Asian and a Scotsman" kind of joke.
But you know what? They had every right to be confused. What other professional sports teams would allow a trophy they are competing for to be transported by three fans that have no official connection to either club or the league they’re playing in? That’s whats so special about the Cascadia Cup. That’s why it’s worth fighting for.
Traffic was horrendous and our journey took over eight hours, during which the Cascadia Cup was strapped into the spare seat in the back all safe and snug. Nothing could happen to our precious cargo. Although, little were we to know that the Timbers fans would break the fucker a year later in their over zealous celebrations. They don’t win much though in Portland.
We got to Portland just as the game was kicking off, couldn’t find parking but some lot managed to find room for one more, squeezing us into a space that I still don’t really know how we got either in or out of.
We then headed into Piggy Park, Cascadia Cup in our trusty hands, where the whole day became even more sublime and nothing like I’ve ever experienced before or since in my many years of going to the football on both sides of the Atlantic.
The game was just over five minutes in, so we didn’t want to miss a second more of it. We headed through the turnstiles, without anyone even asking or blinking an eye as to why we had a big shiny Cup with us. Walking around the concourse would mean we couldn’t see anything, so we decided the best way to get to our allocated away section (yes, it was roomy that night) was to head in the first tunnel we came to, which of course was right in the heart of the Timbers Army.
Dressed in our Caps and Southsiders colours, we were met with boos, abuse, banter and loved every second of it as we paraded the Cup past the TA and the whole stadium. We took our seats, the Cup was given one of it’s own (as you can see in the photo at the top), and sadly watched a Caps loss, meaning the Timbers had won the Cup for the first time in their history. Our <i>"34 years, fuck all"</i> chant was gone.
So we had to bid farewell to our little friend, but we did it in some style. We were invited on to the pitch and walked around the pitch with the Cup, milking it for the crowd obviously, stopping in front of the TA section where Zach made the official presentation from the one set of supporters to the others, as it always has been and as it continues to this very day.
Timbers joy obviously ensued and we were invited back to The Bitter End to celebrate their victory, before the long drive up the road and getting back home at 5.30 in the morning.
It was a great night. It was a classy night. And it was a night that none of us involved will ever forget. You can even experience a little bit of it yourself (Note: No Don Garber or anything MLS anywhere in sight):
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I defy you to watch that and tell me that the Cup belongs to anyone else but the supporters.
So what was the point of this old man’s rambling tales from his rocking chair?
Simply this.
Tales like that are part of the Cascadia Cup’s folklore. The same with Portland's tales about the broken handle.
No one in the offices of Major League Soccer can share any such tales.
Has Don Garber even held the Cup in his hands?
If he has, you can be sure it hasn’t been in the backseat of his car.
Those hands need to be kept off the Cup so that future generations of supporters will have their own stories to tell.
The Cascadia Cup has never been the property of Major League Soccer, Vancouver Whitecaps, Seattle Sounders or Portland Timbers. It never should be.
By the fans. For the fans. Always.
The new season may be about to begin, but this is the biggest battle fans of Vancouver Whitecaps, Seattle Sounders and Portland Timbers face this year.
Now get out there and keep reminding every single person connected with football in North America. And remember to use the <a href="https://twitter.com/search/realtime?q=%23GrandTheftCascadia&src=typd" target="_blank"><u>#GrandTheftCascadia</u></a> hashtag on Twitter.
We have to keep it in the public and the media's consciousness and every single one of us has a part to play in that.
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